What was the outcome of Tenancy Tribunal case 4743598?

The tribunal order states: Qwenda Ekuasi and Dyland Togapuna must pay Buy West Property

How much money was awarded in case 4743598?

Cleaning: $379.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $75.00 awarded to landlord; Pest Control: $241.50 awarded to landlord; Property Damage: $172.50 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $1,437.50 awarded to landlord; Rent Arrears: $3,550.00 awarded to landlord; Rubbish Removal: $690.00 awarded to landlord; Water Rates: $612.66 awarded to landlord

What type of tenancy dispute was case 4743598?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4743598?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10088702-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4743598?

The tribunal order states: Qwenda Ekuasi and Dyland Togapuna must pay Buy West Property

How much money was awarded in case 4743598?

Cleaning: $379.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $75.00 awarded to landlord; Pest Control: $241.50 awarded to landlord; Property Damage: $172.50 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $1,437.50 awarded to landlord; Rent Arrears: $3,550.00 awarded to landlord; Rubbish Removal: $690.00 awarded to landlord; Water Rates: $612.66 awarded to landlord

What type of tenancy dispute was case 4743598?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4743598?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10088702-Tenancy_Tribunal_Order.pdf.

27 Udys Road, Pakuranga, Auckland 2010 Tenancy Tribunal Case 4743598 — Rent arrears

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27 Udys Road, Pakuranga, Auckland 2010 Tenancy Tribunal Case 4743598 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4743598 — net $4,964.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,550.00	Rent arrears
Water rates	$612.66	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Carpet Cleaning	$379.50	Carpet Cleaning
Pest control	$241.50	Pest control
Lawns and Garden work	$75.00	Lawns and Garden work
Rubbish removal	$690.00	Rubbish removal
Lock/key replacement	$172.50	Lock/key replacement
Window repairs	$345.00	Window repairs
Repairs	$1,437.50	Repairs
Net award	$4,964.10
Total payable by Tenant to Landlord	$4,964.10

Claims and awards for application 4743598 — net $4,964.10 NZD. Verify on MoJ.

Rent arrears

Amount: $3,550.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $612.66
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Carpet Cleaning

Amount: $379.50
Awarded to: Landlord
Reason: Carpet Cleaning

Pest control

Amount: $241.50
Awarded to: Landlord
Reason: Pest control

Lawns and Garden work

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lawns And Garden Work Pest Control Property damage Rent arrears Rubbish Removal Water Rates

Order

Qwenda Ekuasi and Dyland Togapuna must pay Buy West Property Management Limited T/A Ray White as Agent for Shiqiang Liu $4,964.10 immediately being rent arrears, water bills, repairs, compensation, and reimbursement of the filing fee, as calculated and shown in table below. DescriptionLandlord Rent arrears$3,550.00 Water rates$612.66 Filing fee reimbursement$20.44 Carpet Cleaning$379.50 Pest control$241.50 Lawns and Garden work$75.00 Rubbish removal$690.00 Lock/key replacement$172.50 Window repairs$345.00 Repairs$1,437.50 Total award$7,524.10 Minus Bond$2,560.00 Total payable by Tenant to Landlord$4,964.10
The Bond Centre is to pay the bond of $2,560.00 (5796407-002) to Buy West Property Management Limited T/A Ray White as Agent for Shiqiang Liu immediately.

Reasons

The landlord attended the hearing, the tenant did not attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 19 September 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The rent records show $3550.00 in arrears and the water bills $612.66.
I am satisfied that the landlord has proven their claim for rent arrears.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii) -(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1) (ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys. Cleaning and rubbish removal
The landlord provided the Tribunal with an exit inspection report, with photographs and invoices. The photographs and report prove that the property was not left reasonable clean and tidy, and there was rubbish left around the property. Invoices totalling $1069.50 were provided for the cost of cleaning and rubbish removal. Lawns
The report and photos show the lawns to be overgrown and unkempt at the end of the tenancy. The landlord provided an invoice for the lawns. That invoice was high, and the landlord reduced the amount to $75.00 which would appear to be reasonable. Pest control
In addition to the cleaning, rubbish removal and lawns, the landlord provided an invoice for pest control. The landlord advised that during the tenancy the tenant allowed her father-in-law to reside at the address with a large dog. The house was infested with flea after the tenant left. The landlord described going into the property and being covered in fleas. The landlord provided an invoice for $241.50 from East West Pest Control. Lock replacement
The landlord had to obtain the services of the bailiff to evict the tenancy after obtaining a termination of the tenancy order from the Tribunal. As a result of the eviction the landlord had to replace the locks on the front door. The landlord has provided an invoice for $172.50 for the cost of the key replacement.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A) (a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B (1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: -Patches where there had been an attempt to repair damage to the walls in two bedrooms and the lounge, unmatched paint used. -Broken bedroom door and hole made in toilet door. -Two broken windows.
The photographs provided by the landlord show the hole in the toilet door, smash in the bedroom door, damage to the paint work and smashed windows.
The landlord provided the invoices for the cost of repairing the damage.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Buy West Property Management Limited T/A Ray White as Agent for Shiqiang Liu has wholly succeeded with the claim I must reimburse the filing fee.
The bond is to be refunded to the landlord immediately by the Bond Centre.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4743598 — net $4,964.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,550.00	Rent arrears
Water rates	$612.66	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Carpet Cleaning	$379.50	Carpet Cleaning
Pest control	$241.50	Pest control
Lawns and Garden work	$75.00	Lawns and Garden work
Rubbish removal	$690.00	Rubbish removal
Lock/key replacement	$172.50	Lock/key replacement
Window repairs	$345.00	Window repairs
Repairs	$1,437.50	Repairs
Net award	$4,964.10
Total payable by Tenant to Landlord	$4,964.10

Claims and awards for application 4743598 — net $4,964.10 NZD. Verify on MoJ.

Rent arrears

Amount: $3,550.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $612.66
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Carpet Cleaning

Amount: $379.50
Awarded to: Landlord
Reason: Carpet Cleaning

Pest control

Amount: $241.50
Awarded to: Landlord
Reason: Pest control

Lawns and Garden work

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lawns And Garden Work Pest Control Property damage Rent arrears Rubbish Removal Water Rates

Order

Qwenda Ekuasi and Dyland Togapuna must pay Buy West Property Management Limited T/A Ray White as Agent for Shiqiang Liu $4,964.10 immediately being rent arrears, water bills, repairs, compensation, and reimbursement of the filing fee, as calculated and shown in table below. DescriptionLandlord Rent arrears$3,550.00 Water rates$612.66 Filing fee reimbursement$20.44 Carpet Cleaning$379.50 Pest control$241.50 Lawns and Garden work$75.00 Rubbish removal$690.00 Lock/key replacement$172.50 Window repairs$345.00 Repairs$1,437.50 Total award$7,524.10 Minus Bond$2,560.00 Total payable by Tenant to Landlord$4,964.10
The Bond Centre is to pay the bond of $2,560.00 (5796407-002) to Buy West Property Management Limited T/A Ray White as Agent for Shiqiang Liu immediately.

Reasons

The landlord attended the hearing, the tenant did not attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 19 September 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The rent records show $3550.00 in arrears and the water bills $612.66.
I am satisfied that the landlord has proven their claim for rent arrears.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii) -(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1) (ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys. Cleaning and rubbish removal
The landlord provided the Tribunal with an exit inspection report, with photographs and invoices. The photographs and report prove that the property was not left reasonable clean and tidy, and there was rubbish left around the property. Invoices totalling $1069.50 were provided for the cost of cleaning and rubbish removal. Lawns
The report and photos show the lawns to be overgrown and unkempt at the end of the tenancy. The landlord provided an invoice for the lawns. That invoice was high, and the landlord reduced the amount to $75.00 which would appear to be reasonable. Pest control
In addition to the cleaning, rubbish removal and lawns, the landlord provided an invoice for pest control. The landlord advised that during the tenancy the tenant allowed her father-in-law to reside at the address with a large dog. The house was infested with flea after the tenant left. The landlord described going into the property and being covered in fleas. The landlord provided an invoice for $241.50 from East West Pest Control. Lock replacement
The landlord had to obtain the services of the bailiff to evict the tenancy after obtaining a termination of the tenancy order from the Tribunal. As a result of the eviction the landlord had to replace the locks on the front door. The landlord has provided an invoice for $172.50 for the cost of the key replacement.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A) (a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B (1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: -Patches where there had been an attempt to repair damage to the walls in two bedrooms and the lounge, unmatched paint used. -Broken bedroom door and hole made in toilet door. -Two broken windows.
The photographs provided by the landlord show the hole in the toilet door, smash in the bedroom door, damage to the paint work and smashed windows.
The landlord provided the invoices for the cost of repairing the damage.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Buy West Property Management Limited T/A Ray White as Agent for Shiqiang Liu has wholly succeeded with the claim I must reimburse the filing fee.
The bond is to be refunded to the landlord immediately by the Bond Centre.

Tenancy Tribunal case 4743598 — Rent arrears at 27 Udys Road, Pakuranga, Auckland 2010

At a glance

Tenancy Tribunal case 4743598 — Rent arrears at 27 Udys Road, Pakuranga, Auckland 2010

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions